RECENT CHANGES IN THE LEGAL PROCESS IN INDIA

The Code of Criminal Procedure 1973 has been  amended for reforms in the Criminal Justice System. The Bill received the presidential assent on 08.01.2009.

Many of the Provision go in to strengthen the SAARC PROTOCOL and is a welcome step by the Government of India.

One of the Key work of the National Network of Lawyers for Rights and Justice will be to get the new amendment implemented.

THE CODE OF CRIMINAL PROCEDURE (AMENDMENT) ACT, 2008

Definition of a Victim:

In section 2 of the Code of Criminal Procedure, 1973 (hereinafter referred to as the principal Act), after clause (w), the following clause shall be inserted, namely:—‘(wa) “victim” means a person who has suffered any loss or injury caused by reason of the act or omission for which the accused person has been charged and the expression “victim” includes his or her guardian or legal heir;’

Victim Can engage Advocate to support and help the Prosecution

In section 24 of the principal Act, in sub-section (8), the following proviso shall be inserted, namely:— “Provided that the Court may permit the victim to engage an advocate of his choice to assist the prosecution under this sub-section.”

Statement of the Victim to be done in a safe place or a place of her choice and by a women police officer

In section 157 of the principal Act, in sub-section (1), after the proviso, the following proviso shall be inserted, namely:—

“Provided further that in relation to an offence of rape, the recording of statement of the victim shall be conducted at the residence of the victim or in the place of her choice and as far as practicable by a woman police officer in the presence of her parents or guardian or near relatives or social worker of the locality.’’.

Use of Audio Video for Statements

In section 161 of the principal Act, in sub-section (3), the following provisos shall be inserted, namely:—

‘‘Provided that statement made under this sub-section may also be recorded by audiovideo electronic means.’’.

Use of Audio Video for Confession/Statement

In section 164 of the principal Act, in sub-section (1), for the proviso, the

following provisos shall be substituted, namely:—

“Provided that any confession or statement made under this sub-section may also be recorded by audio-video electronic means in the presence of the advocate of the person accused of an offence:

Provided further that no confession shall be recorded by a police officer on whom any power of a Magistrate has been conferred under any law for the time being in force.”

Investigations of Child Sex Abuse to be done in time bound

In section 173 of the principal Act,—

(a) after sub-section (1), the following sub-section shall be inserted, namely:—

“(1A) The investigation in relation to rape of a child may be completed

within three months from the date on which the information was recorded by the officer in charge of the police station.”;

b) in sub-section (2), after clause (g), the following clause shall be inserted, namely:—

“(h) whether the report of medical examination of the woman has been

attached where investigation relates to an offence under sections 376, 376A, 376B, 376C or 376D of the Indian Penal Code.”.

Witness Can Be Done By Using Electronic Means

In section 275 of the principal Act, in sub-section (1), the following proviso shall be inserted, namely:—

“Provided that evidence of a witness under this sub-section may also be

recorded by audio-video electronic means in the presence of the advocate of the person accused of the offence.”.

In  Camera Trials and identity protection

In section 327 of the principle Act,—

(a) in sub-section (2), after the proviso, the following proviso shall be inserted, namely:—

“Provided further that in camera trial shall be conducted as far as

practicable by a woman Judge or Magistrate.”;

(b) in sub-section (3), the following proviso shall be inserted, namely:—

“Provided that the ban on printing or publication of trial proceedings in

relation to an offence of rape may be lifted, subject to maintaining confidentiality of name and address of the parties.”.

Victim Compensation

After section 357 of the principal Act, the following section shall be inserted, namely:—

“357A.

(1) Every State Government in co-ordination with the Central Government shall prepare a scheme for providing funds for the purpose of compensation to the victim or his dependents who have suffered loss or injury as a result of the crime and who require rehabilitation.

(2) Whenever a recommendation is made by the Court for compensation,

the District Legal Service Authority or the State Legal Service Authority, as the case may be, shall decide the quantum of compensation to be awarded under the scheme referred to in sub-section (1).

(3) If the trial Court, at the conclusion of the trial, is satisfied, that the compensation awarded under section 357 is not adequate for such rehabilitation, or where the cases end in acquittal or discharge and the victim has to be rehabilitated, it may make recommendation for compensation.

(4) Where the offender is not traced or identified, but the victim is identified, and where no trial takes place, the victim or his dependents may make an application to the State or the District Legal Services Authority for award of compensation.

(5) On receipt of such recommendations or on the application under sub-section

(4), the State or the District Legal Services Authority shall, after due enquiry award adequate compensation by completing the enquiry within two months.

(6) The State or the District Legal Services Authority, as the case may be, to alleviate the suffering of the victim, may order for immediate first-aid facility or medical benefits to be made available free of cost on the certificate of the police officer not below the rank of the officer in charge of the police station or a Magistrate of the area concerned, or any other interim relief as the appropriate authority deems fit.”

Right to appeal for the Victim against the verdict of the Trial Court

In section 372 of the principal Act, the following proviso shall be inserted, namely:—

“Provided that the victim shall have a right to prefer an appeal against any order passed by the Court acquitting the accused or convicting for a lesser offence or imposing inadequate compensation, and such appeal shall lie to the Court to which an appeal ordinarily lies against the order of conviction of such Court.”.

The Researcher is a Practsing Advocate in The Supreme Court of India

ravikantsv@gmail.com

1 comment
  1. sm said:

    hi
    thanks for visit to the blog.
    and putting the link of petititon.

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